INQUIRERS' CORNER

NZ Truth, Issue 1202, 13 December 1928, Page 24

INQUIRERS' CORNER

. |fum!m!::!:::i:::!!::!::::i:!!::ii:::!!ii!:!:!::!!»:!;;cpnducted: by 'MNTERPRETER.^m==s 11 Answers will be published as early as possible after receipt of || || questions and so far as possible m order of rotation of receipt. || l| All fetters must be written m ink and be addressed "Interpreter, y ; H o/o "Truth," Manners Street, Wellington. While we take no || |i - responsibility for any answer given m these columns, every || 11 endeavor will be made to see that, they are absolutely correct. || if Answers to legal queries must be accepted merely as a || .:||. guide as to whether or not it is worth while going to the ex- || ,11 pense of placing matters inquired about m the hands of a j| || solicitor for further action. . • . ', . if II No replies can be mad a by post. No anonymous inquiries || l| ' will be answered, and inquiries of this nature will not be pre- § || served. Frivolities and questions not of general interest will | ||. not be answered. , I lliriimii.iiMi.iiMn.MiiiiMnMri.iMiiii.i.ii.iniMiraiMnniiMMiiiiuiiriiMMiiiiMimnMiiMlMiiMiuiiiiiniiiiiiiiiiiiiiiiiMiliiuiiiiiiilliiMiMiiiMiHiinmmiimmmimtiimiiiiiniiiMi.iii.umiminmnm-. 'ilMlllMllilMiiiinilllilitlMMMlllHuillliiiiiiimilllllMllllllMlllllHlllllllllHimiUllinnilllimlllluilJliinnillhllllllinnnmiiuiniiiuiiuiniiiiininMiiminmuiininmmiiinnniimrammion^^^

MARRIAGE; AND DIVORCE. Q.: Thirty years ago my husband deserted me m Australia. 1 He went through a form of marriage with another girl. Since then, I have not heard of him at all. (1) Can. I remarry without obtaining a divorce? (2) If my husband died would I be entitled to his .property m preference to the girl he committed bigamy with? — "Aussie" (Auckland). . . . A.: (1) Yes, but if he subsequently appears, the second marriage will be void and the issue of it illegitimate. (2) Yes. •.,... Q.: My husband deserted me four years ago m Australia. I then came to New Zealand and have resided here since. Can I take proceedings here for divorce? I' have not the money to go to ..Australia m order to obtain it. — "Worried One" (Auckland). A.: You cannot obtain a divorce m New Zealand since divorce jurisdiction depends on domicile. You can, however, proceed through a solicitor m Australia, having your evidence taken here. . ■ Q.: I deserted- my wife 14 years ago m. the Old Country, and I am thinking of getting married again. I would be pleased to know what my position is? — "E.E.S." ( ). A.: (1) You have no ground for divorce. (2) Unless you have reason to believe f that your wife is dead, you cannot, remarry without being guilty of bigamy. PROPERTY RIGHTS. . - Q.: I have a section which adjoins Crown Land, t desire to erect afence along, the boundary. Can I compel the Crown to contribute to the cost of the fence? — "Constant "Reader" (Christchurch). A.: No. The Fencing Act 1908 does not apply to the Crown. Q.: The Borough council proposes to take a strip' of my. land for street widening p.u r - poses; (1) "Can I prevent them doing so? (2) Must I -take what theyoffer for the strip? — "if,r ontage" (Petone)i A.: (1) -No. (2) No. The ' amount of compensation, will be fixed by the court. You should have the s tri p valued m order to gain an Idea aa to hoy much to claim. Q.: My neighbor has a la urel hedge growing along the boundary fence. My cow puts its' head over the fence and eats down the hedge. I consider that the onus is on my neighbor to prevent damage to his own property, and that I amurider no liability so long as the fence is m good order. Is this so? — "Regius" (Dunedin). A-: No. It is your duty to keep your cow from damaging your neighbor's property. If you" do not prevent its doing so, you will become liable m damages. LEGAL. :". Q.: A cycle dealer fitted a pair of second-hand forks to my cycle, verbally guaranteeing them to be m good order. After riding about 15 miles the forks snapped and I was.thrown on my head, suffering concussion. Have I any claim, against the cycle dealer? — "Constant Reader" (Wanganui EastK A.: You have an action against the dealer on the ground that the forks were, not fit for the purpose for which they were purchased. Q.: Am I forced to pay a. debt contracted m 1925 and an .account for which has never once been rendered to me till this week? — "Worried" (Foxton). A.: Yes. Q.: I noticed an old guitar m a dance hall on several occasions so I brought it home. If I were to put an advertisement m the local paper and no- one claimed it,, can I claim it ?— "Claim er" (Utiku). ... A.: No. You should hand it to the police and let them try to trace the owner. If they cannot, you will be entitled. ■■•'.•■■• COMPENSATION. Q.: While walking along the railway line T was knocked down by a train and injured. Can I claim compensation from the railway department ?— " Constant Reader 'Truth'" (South Diihedinj. ....... . . A,; No.. You were trespassing on the line, and were there at your own risk.' ■■•.-••■■■ - '

Say Nothing

WAGES AND 'PENSIONS. Q.:°l am an old age pensioner. I have a sister who Is- very wealthy. If she dies making no provision for me m her will can I claim any. part of her estate? — "Mrs. M." (Auckland). A.: No. MAINTENANCE. ! Q.: My husband deserted me and failed to comply with the maintenance order which was made against him. I have been supported ever since by my two sons. He now proposes to enter the old men's home. My. sons have received a letter -from the. home stating that they will be required to pay £1/5/- for his support m the home. Is this so? — "Questioner" (Dunedin). A.: They are under no obligation to pay anything for his support unless an order is made against them by the court under the Destitute Persons Act. GENERAL. j Q.: Is a person engaged as a scrutineer for a Prohibition party entitled to jbe paid?— "J.J." (Featherston). A.: She is. not entitled to payment by the Electoral authorities. Whether she ! receives payment from the Prohibition authorities depends on her agreement With them. Q.: Is it legal for an illegitimate child 'who has been adopted by her mother's parents to describe herself m formal documents as the daughter of these parents? — "Anxious" '(Kaitangata). A.: Yes. She is for all purposes In the same position as a natural born child of her grandparents. Q.: (1) A friend of mine worked for the Government for a period of nearly 8 years' unbroken service, 1918 to 1925, starting at the age of 45. He paid m no superannuation money to the department. Has he any claim to superannuation? (2) I have a daughter aged 16 at service earning 30/r weekly. Can I claim from her employer any of her Avages? — "Constant Reader" (Westport). A.: (1) No. (2) No. The employer must pay the. girl's wages to her. Q.: While under ,21* years of age I gigned ah agreement to take an I.C.S. course. I paid m £12, but hnd I am unable to continue paying i instilments; am I liable.for the oalince? — "Anxious" (Wanganui). . A.: Prima facie this is a conti ; act for a necessary, and you therefore cannot avoid liability. Q.: I have been keeping, company with a girl for 15 months. She now admits that ' she ■ had improper relations with a man for 2% years from the time she was 16. Is the man liable? Have I ground for breaking the engagement? — "O.A.M" (Dunedin). A.: The man does not appear to have been, guilty of any offence for which he is criminally liable, but you have good, reason for breaking off an engagement with the girl, without incurring the risk of a breach of- promise action. Q.: I purchased a set of false teeth, paying cash for them. .The dentist refused to give me a receipt, saying that it was not necessary m a cash transaction. Can I demand one? — "Enquirer" (Dunedin). A.: It is not usual to obtain a receipt m the case of aiv. ordinary cash sale but m this case it would not be unr reasonable to demand a receipt to which you are entitled. Q.: My father died 15 months ago, leaving two families. The only ones mentioned m will were stepmother (since dead), and youngest daughter: have first family any claim on estate? —"Interested" (Wellington). A.: Provided the estate has not already been wound up, the members : of the family may apply under the Family Protection Act 1908, but they must show special grounds why m their individual, cases an allowance should, be made. . Unjust omission is not sufficient. .:•■■_.-.. . Q.: Is there any limitation of time \yithin which proceedings must be commenced against persons guilty of embezzlement? — "Curious" (Lower Hutt). A.: No. They may be prosecuted at any time. . - .■ Q.: (1) Is it compulsory for every elector to vote? (2) Does any elector receive a "please explain" notice In the event of him or her not voting? — "Argument" (Waitotara). .. A.: (1) No. (2) No.

Q.: Is it legal for- a constable to cross-examine a suspect (not arrested.) for three to four hours without having a . lawyer? — "Auckland" (Picton). A.: If not illegal it is improper. However, no. one interrogated by the police is bound to answer their questions. The popular notion to the contrary is quite fallacious/ The judge himself at the trial cannot question the prisoner unless he elects to give, evidence. The suspect, therefore, has the remedy m his own hands; as soon as he knows he is to be charged whether he be guilty or innocent he should say nothing. Whatever he may say may prejudice his defence, but it is hard to conceive any circumstances m which it can help him.